E/CN.4/1999/58/Add.1 page 28 and religion, since they are asked to “prove” their religion, and in particular the religious significance of their sacred sites, the Special Rapporteur reiterates his recommendations regarding, firstly, the adoption of a unified approach to the interpretation and application of the two constitutional clauses on “non-establishment” and free exercise of religion and, secondly, the adoption of a general law on freedom of religion and conviction, on the understanding that the special status of Native Americans should be taken into account and backed up by the principle of compensatory inequality in order to arrive at greater equality. 82. Because of economic and religious conflicts affecting in particular sacred sites, the Special Rapporteur wishes to point out that the freedom of belief, in this case that of the Native Americans, is a fundamental matter and requires still greater protection. The freedom to manifest one's belief is also recognized, but can be subject to limitations insofar as they are strictly necessary and provided for in article 1, paragraph 3, of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief and in article 18 of the International Covenant on Civil and Political Rights. The expression of the belief has to be reconciled with other rights and legitimate concerns, including those of an economic nature, but after the rights and claims of the parties have been duly taken into account, on an equal footing (in accordance with each party's system of values). As far as Native Americans' access to sacred sites is concerned, this is a fundamental right in the sphere of religion, the exercise of which must be guaranteed in accordance with the above-mentioned provisions of international law on the matter. 83. These recommendations apply of course to the two particular situations of Mount Graham and Black Mesa. In the first case, according to information received since the visit, the Italian Parliament has adopted new legislation forbidding Italian participation in the project to set up a telescope, which would be a profanation of the Mount Graham site. As regards the permit delivered to the University of Arizona by the federal water and forest service for the establishment of telescopes on Mount Graham, which is a sacred site of the Apaches, the Special Rapporteur considers it necessary to make sure officially that the conditions stated above with regard to international law have been respected. On the subject of Black Mesa, the Special Rapporteur also calls for the observance of international law on freedom of religion and its manifestations. 84. Concerning the religious rights of Native American prisoners, apart from the recommendation made in the section on legal issues, the Special Rapporteur recommends that the positive and practical action taken in many federal prisons (fully compatible with security requirements, e.g. ending the practice of cutting their hair) should become general throughout the United States prison system and that steps should be taken to ensure, particularly through training, and perhaps through penalties for prison officers and governors, that these rights are not treated as privileges that can be granted or refused at the whim of an authority or official. 85. In general, it is essential to make society and the whole of the administrative and political apparatus aware of the indigenous peoples' religions and spiritual beliefs in order to prevent any attitude - often